Event and Time
Event Description
- Date of Initial Claim: 19 September 2022
- Amended Statement of Claim (ASOC) Filing Date: 14 October 2022
- Notice of Motion: Filed by the second defendant on 28 November 2022
- Court Directions Date: 15 December 2022
Application and Claims
- Plaintiff: Erika Vicharra
- Claim: $100,000,000 in damages for alleged “strong sexual harassment” and discrimination suffered while employed at Prince of Wales Hospital.
- Defendants: Five initial defendants plus a sixth added in the ASOC.
Judicial Decisions
- The ASOC against the second defendant struck out under r 14.28(1) of the Uniform Civil Procedure Rules 2005 (NSW).
- Plaintiff ordered to pay the second defendant’s costs associated with the motion and proceedings.
- Directions for remaining defendants set for 1 June 2023.
- Plaintiff required to file an affidavit of service by 25 May 2023.
Dispute Points and Legal Basis
Dispute Points
Plaintiff's Position:
- Allegations of sexual harassment and discrimination against the second defendant.
- Plaintiff sought adjournment of proceedings due to personal reasons and family commitments but failed to comply with procedural orders.
Second Defendant's Position:
- The ASOC does not coherently plead facts or legal claims.
- Requested either the ASOC to be struck out or the proceedings to be dismissed completely.
Court's Consideration:
- Court proceeded in the absence of the plaintiff due to lack of compliance with orders, but acknowledged her notice of the hearing.